Grand Theft in Dana Point

If you have been charged with Grand Theft in Dana Point for shoplifting or stealing the property of another person, you should contact Grand Theft Dana Point to get in touch with a law firm that works with a team of professionals on the matter and that knows how to handle those particular kinds of Grand Theft charges.

In Dana Point, theft is divided into two degrees, petty theft and grand theft. Grand theft is usually committed when someone takes someone’s property without permission, and the value of the property is $950 or more. However, grand theft can be charged, despite the value, if the property taken is a car or firearm. Also, grand theft can be charged when property of any value is taken from body of another person. Grand theft can also be charged when the property is farm animals, farm crops, or ocean harvests such as fish worth more than $250.

Grand Theft Lawyer Dana Point

First, let Grand Theft Lawyers in Dana Point give you the relevant law. The relevant portion of the law that is applicable to Grand Theft in Dana Point is summarized below. However, the full text of the Grand Theft laws in Dana Point can be found in California Penal Code Sections 484 and 487.

To prove that the defendant is guilty of grand theft, the Prosecutor must prove that:

The defendant took possession of property owned by someone else;

The defendant took the property without the owner's consent;

AND

The defendant moved the property, even a small distance, and kept it for any period of time, however brief.

Additionally, a Grand Theft charge in Dana Point may result from embezzlement, theft by fraudulent entrustment, or theft by false representation. In those cases, although the owner allows someone else to use his property, there is some lie or dishonesty which invalidates the owner’s consent.

The Grand Theft laws in Dana Point can be confusing to a defendant charged with a crime. Grand Theft Lawyers in Dana Point knows the ins and outs of these particular criminal charges and we may be able to help you get your case dismissed or lowered to a lesser offense, such as petty theft.

Grand Theft in Dana Point - Reducing a Grand Theft in Dana Point

Circumstances may allow the Prosecutor to charge you with Petty Theft, rather than Grand Theft. These circumstances include that the value of the property is less than $950.

Grand Theft Dana Point may be able to show that your Felony Grand Theft charge should be reduced to a Misdemeanor or Infraction Petty Theft charge. Call today for a free and confidential initial consultation. We can go over the facts of your case and help you understand the possible outcomes, and possible strategies for successfully getting your case reduced or dismissed.

Grand Theft lawyers Dana Point aggressively challenges any valuation of the property. If we can get a court to agree that the value of the property is less than $50, then the maximum fine you face is $250 and you cannot go to jail. (CPC 490.1.) Also, If we can convince the court that the property is valued at less than $950, your grand theft charges may be reduced to petty theft and you will avoid prison.

Penalties for Grand Theft in Dana Point

Grand Theft in Dana Point - Possible Outcomes

Grand theft is generally a wobbler, meaning that it can usually be charged as a misdemeanor or felony. Misdemeanor grand theft is punishable by up to one year in county jail. Felony grand theft may result in a sentence ranging from up to one year in jail, to three years in prison. However, a grand theft of a firearm is a felony and may result in a prison sentence between 16 months and three years. (CPC 489, CPC 1170).

If your case involves property valued at more than $65,000 you may be subject to extra penalties (between one and four extra years in prison) in addition to the penalties for grand theft alone. (CPC 12022.6).

As detailed below, your case may be reduced to a lower crime, or your case may be dismissed.

Grand Theft Defenses in Dana Point

Our Grand Theft lawyers in Dana Point knows the defenses that may help get your Grand Theft charge dismissed. There are a number of defenses to Grand theft in Dana Point, however the applicability of those defenses depends on the facts of your case.

For instance, you may have believed that you had a right to take the property. That is a defense in your case that may get your Grand Theft charge dismissed. (If a person actually believes that he or she has a right to the property even if that belief is mistaken or unreasonable, such belief is a defense to theft.)

One common defense is that you had no intent to keep the property. If you found lost, mislaid, or abandoned property then that is a defense to your Grand Theft charge in Dana Point. Also, if you innocently forgot to pay for an item in a store then that is a defense in your case.

Another common defense is that the police did something wrong while investigating your case. For instance, if the Officer who stopped you did not have reasonable suspicion to stop and detain you then Grand Theft lawyers Dana Point may be able to get your case dismissed. Also, if you were detained by Officers who used an unreasonable amount of force then that may be a defense in your case.

Another defense may be that you do in fact own an interest in the property. Husbands and wives may have property disputes, however if the property taken is community property then there may be a defense in your case.

Also, if you have been charged with multiple counts of Grand Theft, we may be able to get all of your charges consolidated into one charge, with one penalty.

Grand Theft Reduced Charges in Dana Point

When the prosecution case is strong, sometimes the best tactic is to try to work out a plea deal with the Prosecutor. Grand Theft lawyers Dana Point may be able to help you get your grand theft charge reduced to a lesser charge, perhaps even an infraction.

Grand Theft lawyers Dana Point may be able to get your Grand Theft charge, and the Grand Theft penalties reduced to those penalties associated with: Attempted Theft, Taking an Automobile Without Consent, Auto Tampering, Misdemeanor Joyriding of Bicycle, Motorboat, or Vessel, or Misdemeanor Petty Theft.

If you have no prior theft convictions, Grand Theft lawyers Dana Point may be able to get your Grand Theft charge reduced to an infraction for Petty Theft Under $50. In such a case, your penalty cannot include jail time and the maximum fine is $250. (CPC 490.1.)

Grand Theft Prior Convictions in Dana Point

If you have prior convictions for theft, then you may face increased penalties in your current Grand Theft case. Grand Theft lawyers Dana Point aggressively challenges any prior convictions. For instance, if your prior theft conviction occurred more than 10 years ago, or if it occurred in another state, then we may be able to get those prior convictions stricken. If we can successfully strike your prior convictions, then you will only face 1st time Grand Theft penalties. Call Grand Theft lawyers Dana Point today to see how your prior convictions may impact your current Grand Theft charge.

What Should I do about a Grand Theft charge in Dana Point?

Contact Grand Theft lawyers Dana Point today for a free and confidential consultation regarding your case. We will look at your personal history and the facts surrounding the charges against you, and then we can discuss possible outcomes with you at no cost.